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(영문) 대구지방법원 2019.03.14 2019고단402
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2018, at around 23:58, the Defendant driven a e-mail vehicle without obtaining a driver’s license under the influence of alcohol concentration of approximately 0.132% from the front line of the “C” through the front line of the “C” in Busan City B to the front line of the same city D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances shown in the arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, etc., shall be determined as per the order, taking into consideration the following factors: The fact that the defendant has already been punished several times of punishment, including the suspension of the execution of imprisonment for the same kind of crime: confession and reflects the fact that the defendant has been finally punished, and about nine years have passed since the last punishment power

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